DUI 4th Offense Penalties

In Massachusetts, an OUI 4th offense conviction carries sentence of at least 2 years of incarceration with a maximum potential sentence of up to 5 years in state prison, plus a monetary fine ranging from $1,500.00 up to $25,000. The case cannot be continued without a finding and the prison sentence cannot be suspended until at least 1 year of supervised probation has been served. An alcohol assessment conducted by a Department of Public Health (DPH) assessor is mandatory.

If convicted of a DUI with 3 prior offenses, the Registry will revoke your driver’s license for 10 years. You can be considered for a hardship license by appearing before the Board of Appeal of the Division of Insurance. You are generally required to serve ½ of the revocation prior to being considered for a hardship driver’s license. Most 4th offenders have to go before the Board of Appeal, instead of the Registry, to be granted a Cinderella license.

Pursuant to G.L. c. 90 § 24 ½, you will be required to use an ignition interlock device for the entire term of any Cinderella license and for a minimum of 24 months after getting a full-time license. There are absolutely no exceptions to this requirement.

If you have been convicted of Operating Under the Influence in Massachusetts and you have 3 prior convictions, alcohol program assignments, or any combination thereof, MassDOT will treat you as a 4th offender for license revocation purposes and an automatic 10 year revocation will be imposed. This 10 year license loss will be imposed regardless how the court treated your case for criminal sentencing purposes. This means that even if the court treated you as a second or third offender, the Registry is required by law to treat you as a 4th offender. The calculation of the length of your license revocation is determined solely by your driving record and out of state DUI and DWAI convictions count towards Massachusetts revocations.

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About Attorney Brian E. Simoneau

Attorney Simoneau is an authority on Massachusetts License Suspensions, Revocations, and Reinstatements.

He is a co-author of Massachusetts Motor Vehicle Offenses – Criminal, Civil, and Registry Practice. He routinely consults with and assists other lawyers regarding Registry, Board of Appeal and Superior Court cases.